Creative writing? Limit it in law
"Except in hard cases, the law doesn't reward creativity. It rewards logic and experience."
Gerald Lebovits, Legal-Writing Myths—Part I, N.Y. State B.J. 55, 57 (Feb. 2006).
Legalwriting.net
Wayne Schiess's legal-writing blog. Home is here: Legalwriting.net
Monday, December 11, 2006
previous posts
- Plain English: I grade Arizona
- Word usage: elegant variation
- Citation form: a rant
- Readability: Miranda warnings
- Readability: reading-comfort levels
- Persuasion: get rejected, then win
- Persuasion: what not to do
- Questions presented: using "whether"
- Word usage: can't we all just say "sue"?
- Plain language: it's hard
Wayne's books
[Plain language] has a bad name among some lawyers. This is usually because they don't understand enough about it to judge it properly. --Michele M. Asprey, Plain Language for Lawyers 11 (2d ed., Federation Press 1996).
A related bonus of a plain language style is the potential for reducing mistakes. Traditional legal language tends to hide inconsistencies and ambiguities. Errors are harder to find in dense and convoluted prose. Removing legalese helps lay bare any oversights in the original. --Peter Butt & Richard Castle, Modern Legal Drafting: A Guide to Using Clearer Language 89 (Cambridge U. Press 2001).
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Interpretation of Law is a not a creative process.
Stare decisis - "to stand by things decided" or "yesterday's decisions shall govern today's decisions"
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